First Amendment Rights

Paper Summary:

This paper discusses the fact that, throughout the 20th century in the United States, the struggle to balance the First Amendment rights of students with the educational institutions' need to maintain a safe and orderly environment has been a constant source of difficulty. The paper describes several cases heard by the circuit courts, appellate courts, and even the United States Supreme Court in which students, fearing the revocation of their rights, have challenged the educational institutions. In contrast, the institutions have sought, through the judicial system, an affirmation of their rights as educators to maintain control and balance, particularly in light of growing violence within the school systems. The paper contends that, while the courts have certainly clarified many of the laws regarding student's rights, the struggle to balance the issues remains constant.

From the Paper:

"In dealing with so many protected freedoms, set forth in such a broad manner, there are bound to be difficulties with interpretation and enforcement. As early as 1943, in West Virginia Sate Board of Education v. Barnette (1943), the issue of First Amendment rights violations was brought to a national level. In the Barnette case, a group of Jehovah's Witnesses sued in the United States District Court on behalf of their children, and other children in West Virginia. A previous court decision had inspired the Board of Education of West Virginia to order that saluting the flag become a "regular part of the program of activities in...public schools" and that all students were required to participate. Refusal to salute would result in expulsion of the student. However, due to their religious beliefs that the flag was a "graven image", and that saluting the flag would be in violation of God's commands, the Jehovah's Witness members sought to avoid the forced expulsion upon their refusal to salute. The Supreme Court found in favor of the students, noting that the First Amendment protected the student's rights to dissent."

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• Essay # 5907 : "First Amendment Rights of Inmates"

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